For most Jefferson County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Jefferson County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the District Court. The two tools that keep a Jefferson County home out of probate are a transfer-on-death deed recorded with the County Clerk and Recorder, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Jefferson County property passes through the District Court — even simple Montana probates run 4+ months and start with $100 in filing fees. Montana also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death deed names a beneficiary who receives Jefferson County property automatically at the owner's death, without probate. It is recorded with the County Clerk and Recorder during the owner's lifetime and can be revoked at any time.
Before recording, a Montana transfer on death deed is signed with notary acknowledgmentMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's deathMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source.
Deeds and other real property documents for Jefferson County are recorded with the County Clerk and Recorder at 102 South Monroe Street, Boulder, MT 59632. Phone: 1-406-225-4020. Hours: Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM.
Documents submitted by mail go to P.O. Box H, Boulder, MT 59632.
The County Clerk and Recorder charges $20 for the first page plus $10 for each additional page. Recording a 2-page transfer on death deed in Jefferson County comes to $30. No transfer tax applies to a transfer on death deed.
Jefferson County accepts electronic recording through CSC, ePN, Indecomm and Simplifile.
Recording Office Record
Jefferson County
Phone
Hours
Office
Website
Fax
Recording fees
| Base fee (first page) | $20 |
| Each additional page | $10 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
MCA 7-4-2637 (fees for recording documents); MCA 7-4-2636 (standards for recorded documents); House Bill 192, 69th Legislature (2025) — Ch. 480, L. 2025 — fee increase effective October 1, 2025
Verified October 16, 2026 · Source
FirmButte, MT
Local Butte-Silver Bow attorney focusing on estate planning, probate, trust administration, guardianship, small business, family law, real estate law, and tax delinquency. Serves the everyday people of Butte-Silver Bow and surrounding communities.
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FirmHelena, MT
Helena law firm assisting with drafting wills, establishing trusts, and navigating the complexities of probate. Also practices personal injury and general civil litigation.
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Helena attorney helping individuals, families, and businesses protect their assets and preserve their legacy for the next generation with customized estate planning and business documents.
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Helena law firm providing estate planning and probate services with clarity and compassion. Also maintains an office in Anaconda. Practice areas include personal injury, family law, estate planning and probate, business law, and real estate litigation.
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FirmMissoula, MT
Formerly Bjornson Jones Mungas, PLLC. Over fifty years of combined experience in transactional, business and corporate law, contracts, real estate law, estate planning and probate administration, finance, and tax law. Serves clients throughout Montana and Washington.
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FirmHelena, MT
Statewide law firm providing estate planning, elder law, business succession planning, and probate administration services from offices in Helena, Bozeman, Great Falls, and Missoula.
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Data sourced from Montana statutes and official state code. How we research.
Free forms for planning your estate in Montana: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Montana.
In Montana, a will is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMCA § 72-2-522Verified Oct 18, 2026View source.
In Montana, a codicil is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyMCA § 72-2-524Verified Oct 25, 2026View source.
Montana requires 2Mont. Code Ann. § 50-9-103Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMont. Code Ann. § 50-9-103Verified Oct 15, 2026View source.
In Montana, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Montana treats a power of attorney as durable by defaultMCA § 72-31-305Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementMCA § 72-31-305Verified Oct 21, 2026View source.
In Montana, a transfer on death deed is signed before a notaryMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source, then recorded with the county before the owner's deathMCA 72-6-401 to 72-6-418Verified Oct 18, 2026View source. Montana does not recognize a Lady Bird deed.
Montana allows a transfer-on-death beneficiary designation on a vehicle titleMont. Code Ann. 61-3-226Verified Oct 21, 2026View source, filed through the Montana Department of Justice, Motor Vehicle Division (Vehicle Services Bureau); applications are also accepted at the county treasurer's office or an MVD authorized agent using Form MV13.
In Montana, the living will is the DeclarationMont. Code Ann. §§ 50-9-101 to 50-9-505 (Montana Rights of the Terminally Ill Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Free tools for planning your estate in Montana: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Montana and read its answer.
In Montana, a will is signed before 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and notarization is not requiredMCA § 72-2-522Verified Oct 18, 2026View source.
Montana recognizes a will signed under the law of the place where it was signedMCA § 72-2-526Verified Oct 18, 2026View source; a will signed in Montana itself needs 2MCA § 72-2-522Verified Oct 18, 2026View source witnesses, and notarization is not requiredMCA § 72-2-522Verified Oct 18, 2026View source.
In Montana, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in Montana runs $3,620Estimate: 10 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,430Estimate: 15 hours at $362, Clio's Montana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Montana runs $957Estimate: 3 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,914Estimate: 6 hours at $319, Clio's Montana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,934MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019Verified Sep 8, 2026View source.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In Montana, a parent names a guardian for a minor child in a willMont. Code Ann. §§ 72-5-211, 72-5-212, 72-5-213, 72-5-222, 72-5-223Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Mont. Code Ann. § 41-1-101Verified Sep 15, 2026View source.
Probate in Montana takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under MCA § 72-3-634 (compensation of persons employed by the personal representative, including attorneys); § 72-3-632 (estate litigation); former § 72-3-633 repealed by Sec. 105, Ch. 313, L. 2019: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Estate planning articles for Montana.
Estate planning articles for Montana.
